Chris Whitehouse at RPC is one of the most knowledgeable people about litigation risk. In this very interesting series of 4 articles he sets out the fundamentals of calculating litigation risk. In the second article he explains the theory behind our Settle Chart. For the time poor, Article 4 contains a brief summary of the first three!
The articles amply demonstrate the fact that you need to understand and model your Opponents’ position to understand where a case might settle. With the right calculations you can often expose the existence of a win/win range for the participants – if it is identified early enough!
Article 1: Graphically mapping the settlement acceptance zone
Article 2: Settlement where the parties disagree on the case merits and ‘what if?’ analysis
Article 3: The impact of part 36 offers on settlement
Article 4: The optimal level of aggression in settlement negotiations
